Title
City Government of Toledo City vs. Ferdos
Case
G.R. No. L-45144
Decision Date
Apr 15, 1988
The City Government of Toledo City initiates an eminent domain proceeding to expropriate land for a street extension, leading to a court ruling that just compensation should be determined based on Rule 67 of the Rules of Court, resulting in the City Government being ordered to pay P30.00 per square meter to the respondents.
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Case Digest (G.R. No. L-45144)

Facts:

  • The case "City Government of Toledo City v. Fernandos" was decided on April 15, 1988.
  • It involves an eminent domain proceeding initiated by the City Government of Toledo City against several private respondents, including Floro Espina, Filomeno Trocio, Ramona Valdivia, and the spouses Fructuoso Sigue and Maria Bacalso, along with Lourdes Canonigo.
  • The City Government aimed to expropriate land for the extension of Poloyapoy Street in Toledo City.
  • On October 6, 1975, the Court of First Instance of Cebu ruled that the City Government was entitled to possess the properties and ordered just compensation.
  • The compensation was set at P30.00 per square meter, considering factors like location and improvements.
  • The City Government had previously deposited P33,060.00 with the Philippine National Bank as part of the expropriation process.
  • After a pre-trial conference, the court found the land valuation reasonable, denying the City Government's motion for reconsideration.
  • The City Government subsequently filed a petition for certiorari and mandamus, claiming the judge acted with grave abuse of discretion.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court dismissed the petition for lack of merit, affirming the lower court's decision on just compensation at P30.00 per square meter.
  • The Court ruled that the trial court's findings on property valuation would not be disturbed unless a clear error or grave abuse of discretion was shown.
  • The determ...(Unlock)

Ratio:

  • The Supreme Court emphasized that determining just compensation is a judicial function, not subject to executive or legislative decrees.
  • The Court referenced its ruling in Export Processing Zone Auth...continue reading

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